The restaurant that Omar Villalava-Martinez stopped into for two hours, was the Famous Mexican Restaurant and Bar. Villalava-Martinez drank twelve beers and one shot of hard alcohol before leaving the restaurant and getting in his car. The restaurant did not stop him from leaving and continued serving him up until his point of departure.
Ryan Fell, 22, was the victim in this severe car accident. She suffered from broken legs and her ankle bone being ejected from the car – which was recovered by doctors. Walking is still a struggle for Fell, three years after the accident. Following the accident, Fell also lost her job as an administrative assistant and still remains unemployed.
Villalava-Martinez was deported back to Mexico, after being discovered that he was an illegal immigrant. The restaurant was also closed after the incident.
This case is known as a “dram shop” claim, meaning if death or injury is caused by an individual who is intoxicated, such as a drunk driver, then the liability may be imposed on the establishment that served the alcohol. Contact an attorney to discuss this very technical area of the law.